South Australian Current Acts South Australian Current Acts13A—Criminal liability in relation to suicide
(1) It is not an
offence to commit or attempt to commit suicide.
(2) Notwithstanding
the provisions of subsection (1), a person who finds another committing
or about to commit an act which he believes on reasonable grounds would, if
committed or completed, result in suicide is justified in using reasonable
force to prevent the commission or completion of the act.
(3) If on the trial of
a person for the murder of another the jury is satisfied that the accused
killed the other, or was a party to the other being killed by a third person,
but is further satisfied that the acts or omissions alleged against the
accused were done or made in pursuance of a suicide pact with the person
killed, then, subject to subsection (11), the jury shall not find the
accused guilty of murder but may bring in a verdict of manslaughter.
(4) The killing of
another or an attempt to kill another in pursuance of a suicide pact shall,
for the purposes of determining the criminal liability of a person who was a
party to the killing or attempt but not a party to the suicide pact, be
regarded as murder or attempted murder, as the case may require.
(5) A person who aids,
abets or counsels the suicide of another, or an attempt by another to commit
suicide, shall be guilty of an indictable offence.
(6) The penalty for an
offence against subsection (5) shall be—
(a)
subject to paragraph (b)—
(i)
where suicide was committed—imprisonment for a term
not exceeding fourteen years;
(ii)
where suicide was attempted—imprisonment for a term
not exceeding eight years;
(b)
where the convicted person committed the offence in pursuance of a
suicide pact and—
(i)
suicide was committed—imprisonment for a term not
exceeding five years;
(ii)
suicide was attempted—imprisonment for a term not
exceeding two years.
(7) A person who, by
fraud, duress or undue influence, procures the suicide of another or an
attempt by another to commit suicide shall (whether or not he was a party to a
suicide pact with the other person) be guilty of murder or attempted murder,
as the case may require.
(8) If on the trial of
a person for murder or attempted murder the jury is not satisfied that the
accused is guilty of the offence charged but is satisfied that he is guilty of
an offence against subsection (5), the jury may bring in a verdict that
he is guilty of an offence against that subsection.
(9) In any criminal
proceedings in which it is material to establish the existence of a
suicide pact and whether an act was done, or an omission made, in pursuance of
the pact, the onus of proving the existence of the pact and that the act was
done, or the omission made, in pursuance of the pact shall lie on the accused.
(10) For the purposes
of this section—
(a)
"suicide pact" means an agreement between two or more persons having for its
object the death of all of them whether or not each is to take his own life;
and
(b)
nothing done or omitted to be done by a person who enters into a suicide pact
shall be treated as done or omitted to be done in pursuance of the pact unless
it is done or omitted to be done while he has the settled intention of dying
in pursuance of the pact.
(11) Where a person
induced another to enter into a suicide pact by means of fraud, duress or
undue influence, the person is not entitled in relation to an offence against
the other to any mitigation of criminal liability or penalty under this
section based on the existence of the pact.
(12) To avoid doubt,
the death of a person by the administration of a voluntary assisted dying
substance in accordance with the Voluntary Assisted Dying Act 2021 does
not constitute suicide.
Note—
See section 6 of the Voluntary Assisted Dying Act 2021 .